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Privacy with Ethics Considerations
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Privacy with Ethics Considerations
Joe Dinh / CGMT 582 / Troy Adams / 11 - 08 - 2016
European Union (EU) Data Protection (95/46/EC)
- Created in 1995
- Protect privacy and personal information of all EU citizens
- Seven principles
Improvements
Penalty for Violation
- General Data Protection Regulation (GDPR)
- More rigorous requirements
- Fines increase to 20 million euros or 4% annual income
- Warning for first non-compliance
- Penalty can be up to 1 million EUR
- Or 2% of annual income
Family Educational Rights and Privacy Act (FERPA)
Challenges
- Becoming too old (over 20 years)
- Cannot keep up with new technology
- Losing 100 millions euros from uncaught violations (Bodoni, 2014)
- Protect privacy of student educational records
- Few exceptions applied
- School must notify annually
FERPA Challenges
Suggestion for Improvement
- Avoid being abused by educational institutes
- More precise definition of education record versus personal directory information
- Addendum to Exemptions
On pretext of "student privacy", schools may conceal:
- Critical public-safety information
- Ohio school district gun incidents (Bush, 2013)
- Employee wrongdoing
- Michigan's late response to sexual assault complaint (Baumgardner, 2014)
Violation of FERPA
- Students may file complain with U.S Dept of Education.
- The Family Policy Compliance Office (FPCO) will investigate.
- If complaint is valid, institution may lose funding.
Topics
- Family Educational Rights and Privacy Act (FERPA)
- Health Insurance Portability and Accountability Act (HIPAA)
- European Union (EU) Data Protection
Health Insurance Portability and Accountability Act (HIPAA)
- Provides data privacy and safeguarding patient information
- Was signed in August 1996
- Has five titles
- In title II, five requirements
Violation of HIPAA
Suggestion for Improvement
- Technology revolving in fast-pace
- HIPAA modifications must catch up
According to HHS website:
- Violation results in money penalty:
- $100 per failure to comply to a requirement
- Not exceeding $25,000 in a year
- Exceptions apply to specific circumstances
HIPAA Challenges
- Increase paper work, cost, labor
- Restriction and misinterpretation
- Electronic format
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